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TURNER v. UNITED STATES

No. 8194.

35 F.2d 25 (1929)

TURNER et al. v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

October 1, 1929.

Attorney(s) appearing for the Case

J. R. Weinbrenner, of St. Louis, Mo., for plaintiffs in error.

C. J. Stattler, Asst. U. S. Atty., of St. Louis, Mo. (L. H. Breuer, U. S. Atty., of Rolla, Mo., on the brief), for the United States.

Before STONE, BOOTH, and GARDNER, Circuit Judges.

BOOTH, Circuit Judge.

This is a writ of error to a judgment of conviction of Harry Turner and Alice Martin for placing in the United States mail nonmailable matter in violation of section 211 of the Penal Code (section 334, title 18, U. S. C. [18 USCA § 334]). The statute, so far as here material, reads as follows:

"Every obscene, lewd, or lascivious, and every filthy book, pamphlet, picture, paper, letter, writing, print, or other publication of an indecent...

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